TABOR Still Doesn’t Violate the Constitution

Posted by on Jul 27 2011 | Constitutional Amendments, Constitutional History, Constitutional Law, Petition Rights, PPC, TABOR, U.S. Constitution

The Legislative Council’s executive committee, consisting of 3 Democrats and 3 Republicans, took a vote the other day on whether to oppose the TABOR lawsuit. You might recall that our Taxpayers Bill of Rights is going to court soon to determine whether it violates the Constitution’s guarantee of a “republican form of government.” As with anything TABOR related, the vote came down 3-3 along party lines. You might be thinking, “so what?” This vote was purely symbolic. It doesn’t mean anything. And you would be right, this vote doesn’t change anything. It is also true that this lawsuit against TABOR is purely symbolic. As I’ve stated before, this lawsuit isn’t about TABOR. It’s about our right to petition our government. What this lawsuit argues is that citizens do not have a right to petition their government and vote on constitutional amendments. Thus, it endangers all of our citizen enacted amendments to our state constitution – not just TABOR. Our resident constitutional scholar Rob Natelson disagrees. He argued in this Colorado Springs Gazette op-ed that the evidence is solidly on the side of petition rights and of TABOR. The Founders would have had no beef with citizens voting on constitutional amendments. In fact, they were quite fond of it in their day. So while this latest effort to undermine TABOR might result is some more public trashing of its good name, it won’t result in anything substantial.

no comments for now

Trackback URI | Comments RSS

Leave a Reply

Clicky Web Analytics